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Goods Protection Limited Rental Contract

Interpretation
1. Definitions: "Contract" - means a contract which incorporates these conditions and made between the Customer and the Supplier for the hire of Hire Goods and/or the sale of Products; "Customer" - means the person, firm, company or other organisation hiring Hire Goods; "Deposit" -means any advance payment required by the Supplier in relation to the Hire Goods which is to be held as security by the Supplier; "Force Majeure" -means any event outside a party's reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, sub-contractors, lock-outs, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions and any other similar events; "Hire Goods" - means any goods that you could find in most standard households. The following items can be covered in the Contract which is hired to the Customer, but the list is not exhaustive: Brown goods: television, digital television, DVD Player, home cinema surround system, video recorder, camcorder, Hi-Fi, Mini disc player, computer, laptop, play station, telephone, Green goods: Electric hedge trimmer, Garden Vax, Lawn mower, White goods: Washing machine, dishwasher, free standing cooker, micro oven, blender, bread maker, tea/coffee maker, electric steamer, vacuum cleaner, trouser press, toaster. Any household items or home contents that may be specified on our agreement. Please note that any item listed on our inventory must be the sole property of the customer and not subject to any ownership dispute. "Hire Period"- means the period commencing when the Customer holds the Hire Goods on hire (including Saturdays Sundays and Bank Holidays) and ending upon the happening of any of the following events: (i) upon expiration of the contract, (ii) the termination of the contract by customer or supplier. "Liability"- means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities; "Ownership"- means the services provided by Goods Protection Limited. "Products"- means the products sold to the Customer by the Supplier; "Rental"- means the Supplier's charging rate for the hire of the Hire Goods which is current from time to time during the Hire Period; "Reasonable care" – means the care of goods as they are seen, and no misuse or damage is bought to the goods while in the physical possession of the supplier "Start Date" – is the effective date of the receipt of your payment "Supplier"- means Goods Protection Limited and will include its employees, servants, agents and/or duly authorised representatives; "Services" -means the services and/or work (if any) to be performed by the Supplier for the Customer in conjunction with the hire of Hire Goods including any delivery and/or collection service for the Hire Goods. "We, Us, Our, Goods, The company" – Goods Protection Limited

2.0 Basis of Contract

2.1 The hire goods will bind a contract between the customer and us only when the customer makes a payment for the goods to be hired under the terms of this agreement. The hire goods must be the sole ownership of the customer at the time of the hire period, and not subject to any ownership dispute. The Supplier will not be liable for any loss suffered by the Customer as a result of the Hire Goods being unavailable for hire where the Hire Goods are unavailable due to circumstances beyond the Supplier's control.

2.2 Where hire of the Hire Goods is to a Customer who is an individual, the hire will be covered by the Consumer Credit Act 1974. The duration of the Hire Period shall be limited up to a 2 months agreement from the date of receipt of first payment at any one time after which time the Contract shall be deemed to have automatically expired.

2.3. To continue the hire goods cover, the customer must purchase a further 1 month contract of service at least 4 days prior to the end of the initial cover to avoid any further admin charges.

2.4 Nothing in this Contract shall exclude or limit any statutory rights of the Customer which may not be excluded or limited due to the Customer acting as a consumer. Where the Customer is acting as a consumer any provision which is marked with an asterisk (*) may, subject to determination by the Courts, have no force or effect. For further information about your statutory rights contact your local authority Trading Standards Department or Citizens Advice Bureau or if based in the Republic of Ireland your local office of the Director of Consumer Affairs or Citizens Information Centre.

3.0 Statement of Price

3.1 The customer must pay an initial set-up fee and a one month or a three month rental fee in advance of the Customer hiring the Hire Goods. The Supplier will require the initial set-up fees and the rental payment in advance of using our services.

3.2 The Customer agrees to pay the supplier in the manner agreed, i.e. when the contract is taken out and in the case of a renewal contract not less than four days prior to expiration of the contract. Payment can be made by various methods but will not be active until cash or cleared funds are received.

3.3 In order to waver the subsequent setting up and administration charges after the initial one month or three months contract expires the customer must have purchased the following one months cover at least four days prior to the date of expiry of present cover.

3.4 If the customer requires further cover on expiry of the contract and have not paid all of the charges in full by the due date the customer will be deemed to be a new customer and administration charges will apply.

3.5 If the customer does not take advantage of the preferential terms for renewal prior to the termination date the customer will be charged as a new client at the time of any subsequent agreements

3.6 VAT shall be charged at the standard rate and is inclusive in the charge fee.

3.7 Payment by the Customer on time under the Contract is an essential condition of the Contract. Payment shall not be deemed to be made until the Supplier has received either cash or cleared funds in respect of the full amount outstanding.

3.8 The supplier has the right to terminate the contract if payment is not made on the agreed date. The customer will then be charged a further admin fee if the customer wishes to use the services of the company again.

3.9. To avoid any additional or further administration charges the customer must purchase a further 2 months cover if required. This must be purchased 10days prior to the end of the initial cover.

4.0 Risk Ownership and Insurance

4.1 Risk in the Hire Goods and any Products will remain the liability of the customer.

4.2 Risk in the Hire Goods will not pass back to the Supplier for the duration of the contract. On the agreed termination date title of goods shall pass back to the customer.

4.3 Ownership of the Hire Goods remains at all times with the Supplier. The Customer has no right, title or interest in the Hire Goods except that they are hired to the Customer. Ownership of any Products remains with the Supplier until (1) the termination of the contract or (11) the expiration of the contract.

4.4 The Customer must not deal with the ownership or any interest in the Hire Goods when the company services are in use, unless all fees and payments are made in full. This includes but is not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, withholding, exerting any right to withhold, disposing of and/or lending the goods to any third party.

4.5. It is the customers responsibility to insure the goods that appear on the contract and not the suppliers responsibility.

4.6 On the date the contract expires or terminates the customer must pay the supplier the same amount of monies paid to the customer by the supplier for the title of goods at the start of the contract.

5.0 Delivery, Collection and Services

5.1 It is not the responsibility of the supplier to collect and or deliver hire goods in any event including but not limited to repossessions, illness or death.

6.0 Care of Hire Goods

6.1 The Customer shall:

6.1.1 be responsible for any breakdown, loss, damage, theft of the hire goods during and after the hire goods contract while in the customers physical possession

6.1.2. Notify the Supplier of any change of its address and upon the Supplier's request provide details of the location of the Hire Goods;

6.1.3. The hire goods and all related documents such as insurance policies, licences, registration and other documents relating to the Hire Goods will retained by the customer

6.2 No claim can be made against the supplier for any misuse, damage, wear and tear of the hire goods and after ownership has been transferred back to the customer.

6.3 When the supplier transfers title of ownership to the customer the customer will accept all responsibility for the condition and worthiness of all items. Breakdown

7.1 No allowance will be made in relation to the Rental to the Customer for any non-use of the Hire Goods due to breakdown caused by the development of an inherent fault and/or fair wear and tear.

7.2. The Customer will be responsible for the cost of all repairs necessary to Hire Goods during the Hire Period.

7.3. The supplier will not carry out any routine maintenance and/or repair the hire goods while he/she is in the course of his duty. If work is carried out, then this will be under the customer’s authority, and the company will bear no costs if any damage or loss s incurred as a result.

7.4 It is the customers responsibility to replace any item lost, stolen or broken if they require replacement cover. In the event of any item being replaced, an administration charge may apply.

8.0 Termination by Notice

8.1 If the Hire Period has a fixed duration, subject to the provisions of Section 10 neither the Customer nor the Supplier shall be entitled to terminate the Contract before the expiry of that fixed period.

8.2. The hire period will automatically terminate at the end of the 30 day or 90 days initial contract without any written or verbal notification. The title of goods will be returned to the customer unless the customer notifies the supplier at least four days prior to the end of the initial contract and the account is paid up to date in full for a further period of cover. If the rental period is extended and paid for in full the account will continue as normal.

8.3 The Supplier shall be entitled to terminate the hire of the Hire Goods by giving 14 days; notice to the Customer in writing, and returning any belongings of the customer.

8.4. The hire period shall be for the duration of the thirty or ninety day contract and any subsequent extension periods taken.

9.0 Default

9.1 If the Customer:-

9.1.1 Fails to make any payment to the Supplier when due without just cause;

9.1.2 Persistently breaches the terms of the Contract;

9.1.3 Provides incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract;

9.1.4 Pledges, charges or creates any form of security over any Hire Goods or proposes to compound with its creditors, creates a trust deed for its creditors, applies for an interim moratorium in respect of claims and/or proceedings, any distress/diligence, execution or other legal process is levied on any property of the Customer, has a Bankruptcy Petition/Petition for Sequestration presented against it

9.1.5 Appears reasonably to the Supplier due to be inadequate to meet its obligations under the Contract; and/or

9.1.6 Appears reasonably to the Supplier to be about to suffer any of the above events; Then the Supplier shall have the right, without prejudice to any other remedies, to exercise any or all of the rights to terminate the contract.

9.2 If any of the events set out in clause 9.1 above occurs in relation to the Customer then:-

9.2.1 The contract will not be terminated by the supplier and any goods hired by the supplier to the customer will continue to be available to the customer until the contract terminates, at this point title of goods passes back to the customer, however if the customer wishes to renew the agreement the supplier will retain title of goods until such time as the customer wishes to terminate the agreement, providing all fees are paid in full.

9.3. Upon termination of the Contract the Customer shall immediately accept title of goods ownership back for all goods hired in this agreement.

10.0 Limitations of Liability

10.1 *All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.

10.2 *If the Supplier is found to be liable in respect of any loss or damage to the Customer's property the extent of the Supplier's Liability will be limited to the retail cost of replacement of the damaged property.

10.3 *The Supplier shall have no Liability to the Customer if, without just cause, any monies due in respect of the Hire Goods and/or the Services have not been paid in full by the due date for payment.

10.4 The Supplier shall have no Liability for additional damage, loss, liability, claims, costs or expenses caused or contributed to by the Customer's continued use of defective Hire Goods and/or Services

10.5 *The Supplier shall have no Liability to the Customer to the extent that the Customer is covered by any policy of insurance arranged as a result of the Contract

10.6 The Supplier shall have no Liability to the Customer for any:-

10.6.1 *consequential losses (including loss of profits and/or damage to goodwill);

10.6.2 Economic and/or other similar losses;

10.6.3 Special damages and indirect losses; and/or

10.6.4 Business interruption, loss of business, contracts and/or opportunity.

10.7 *The Supplier's total Liability to the Customer under and/or arising in relation to this Contract shall not exceed 1 times the amount of the Rental and charges for Services (if any) under that Contract or the sum of £1,000/e1250 whichever is the higher. To the extent that any Liability of the Supplier to the Customer would be met by any insurance of the Supplier then the Liability of the Supplier shall be extended to the extent that such Liability is met by such insurance.

10.8 Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply as a separate provision for each of:

10.8.1 Liability for breach of contract;

10.8.2 *Liability in tort/delict (including negligence); and

10.8.3 *Liability for breach of statutory and/or common law duty;

10.9 Nothing in this Contract shall exclude or limit the Liability of the Supplier for death or personal injury due to the Supplier's negligence nor exclude or limit any other type of Liability which it is not permitted to exclude or limit as a matter of law.

11.0 General

11.1 Upon termination of the Contract this contract will be void or non-effect

11.2 The Customer shall be liable for the acts and/or omissions of its employees, agents, servants and/or subcontractors, relatives, pets as though they were its own acts and/or omissions under this Contract.

11.3 *The Supplier is void against any and all losses, lost profits, damages, claims, costs (including legal costs on a full indemnity basis), actions and any other losses and/or liabilities suffered by the customer arising out of the breach of this contract

11.4 *No waiver by the Supplier of any breach of this Contract shall be considered as a waiver of any subsequent breach of the same provision or any other provision. If any provision is held by any competent authority to be unenforceable in whole or in part the validity of the other provisions of this Contract and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.

11.5 The Supplier shall have no Liability to the Customer for any delay and/or non performance of a Contract to the extent that such delay is due to any Force Majeure events. If the Supplier is affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.

11.6 All third party rights are excluded and no third parties shall have any rights to enforce the Contract. This shall not apply to any finance company with whom the Supplier has an outstanding finance agreement relating to the Hire Goods. Such finance company shall, subject to the Supplier's consent, have the right to enforce this Contract as if they were the Supplier. This Contract is governed by and interpreted in accordance with the law of the country where the Supplier is located and that country will have exclusive jurisdiction in relation to this Contract. Data Protection Policy: Information provided by the customer will not be passed on to any third party for marketing purposes without the express consent of the customer.

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